Lowell Re statute barred

[pavidus]

I sent a statute barred letter to Lowell re v old ikea account. They have written back stating that there was an attempted payment date. Surely this does not constitute evidence and if I am correct in believing so what should I write back to them in response?

[silverfox1961]

Oh dear, here we go again with the ficticious "attempted payment"

 

I would ignore them for now but if they persevere, write back demanding when, where and by what means was this attempted payment made.

 

They won't respond to that

[pavidus]

Thankyou, I will do that. They have said that they are looking forward to my proposals for repayment. I will allow them to wait in eager anticipation for now then.

[Brigadier 1JCS]

i have this with Lowell attempted payment in their book is they have sent out another threatogram in the hope you will pay up.

They told me my client had answered the letter this means they had attemted to pay???

[pavidus]

I did go to citizens advice for help around the time of the "attempted payment". Really rather hoping that they didnt stick their foot in it for me. The person I saw was very much into sending £1 offer letters!

[Brigadier 1JCS]

If you did not authorise CAB to send the offer, they have got a problem did they give you any copies of correspondence sent or recommended on your behalf?

[pavidus]

No. I was never quite sure of what was being done. I just hoped that whatever it was would be the right thing!

[Brigadier 1JCS]

I would write to them asking (demanding) a full explanation of the Attempted

Payment.

If you did not send it yourself or have no knowledge of the ''Alleged'' payment tell them to prove it in your opinion the debt is Stat BARRED AND REMAINS IN DISPUTE. HOW CLOSE TO THE STAT BARRED DATE IS THE ALLEGED ATTEMPT TO PAY?

[pavidus]

Not entirely sure. Must have been fairly close I would think.

[Brigadier 1JCS]

Just write and tell the the debt is stat barred its up to them to prove its not.

State that you will no enter into further correspondence until they do.

[pavidus]

I now have a letter from Hamptons Legal. They have added masses of interest to the original debt and are ignoring the fact that I have told them that this is statute barred. They say they are going to take it to court. What now?

[silverfox1961]

Hamptons Legal. Just another desk along from the Leeds Losers (along with Red debt)

You have informed them that this debt is SB and if it came to court (unlikely) that would be your defence.

Time to send the letter asking them when, where and by what means this attempted payment was allegedly made.

Also report them to Trading Standards

[havinastella]

Have you sent this?

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

 

JOgs

[cerberusalert]

Hamptons are another desk within the Lowell group, send them the SB letter too and make a complaint to Trading Standards via Consumer Direct as they are in breach of OFT guidelines; Consumer Direct - Contact us

[pavidus]

Thanks for all your advice. I will get on to it! They certainly don't give up easily, but then nor do I!

[huggys boss]

I did go to citizens advice for help around the time of the "attempted payment". Really rather hoping that they didnt stick their foot in it for me. The person I saw was very much into sending £1 offer letters!

 

 

In my opinion, while organisations such as the CAB and CCCS and National debtline are a godsend and should really be commended for the work they do, I am not sure whether it is writtien in their guidelines or if it as an ethical or moral thing, but I have never heard of them using the CCA or Stat barred route. I think the advice they give is geared to paying off the debt no matter how long it takes.

[pavidus]

It seems that the "attempted payment" does refer to an offer letter of £1, sent by the Citizens Advice. Is there any more that I can do, or am I fried?

[cerberusalert]

I'd write and deny any knowledge of any such letter & request a copy.

[pavidus]

I have just checked a copy of my credit report from 2009. The debt that lowells are pursuing me for is listed as "settled", date of settlement 2003! There are no other entries regarding this "debt" other than to say it was settled in 2003. Where have they got this debt from? according to Experian it does not exist.

[cerberusalert]

When a debt is sold on the OC marks the debt as settled & then it's up to the DCA who bought the debt to update the file from then on. Obviously your file has never been updated.